Timothy Hinton died from injuries sustained in a fall from a tree stand. At the time of his fall, Timothy was wearing a fall-arrest system which included a full-body harness, tether and tree strap. Timothy had purchased the tree stand and fall-arrest system from The Sportsman’s Guide, Inc. (“TSG”), in 2009. C&S Global Imports, Inc. (“C&S”) had manufactured the items and marketed them to TSG. Pekin Insurance Company insured C&S at the time of Timothy’s injury and death. After filing their third amended complaint, the Hintons filed a motion for partial summary judgment against Pekin, claiming Pekin waived its defenses to coverage or should have been estopped from asserting any coverage defenses. Among other arguments, the Hintons maintained that Pekin failed to defend C&S, did not file a declaratory-judgment action and allowed a default judgment against C&S. The circuit court denied the Hintons’ motion. Pekin then moved for summary judgment, arguing the insurance policy excluded coverage for tree or deer stands and related equipment. The circuit court granted Pekin’s motion and entered a final judgment dismissing Pekin from the suit. The Hintons appealed both of the circuit court’s rulings. After review, the Mississippi Supreme Court affirmed the order denying partial summary judgment to the Hintons, the order granting summary judgment to Pekin and the final judgment dismissing Pekin from the suit. View "Hinton v. Pekin Insurance Company" on Justia Law

Bard manufactures a surgical patch, consisting of two pieces of mesh that surround a flexible plastic ring. During a hernia repair, the patch is folded to fit through a small incision, then the plastic ring springs back into its original shape and flattens the mesh against the abdominal wall. Bard recalled several versions of the patch in 2005-2006 following reports that the plastic ring was defective. Sometimes the ring broke, exposing a sharp edge that could perforate the patient’s intestines. Other times the ring caused the patch to bend and warp, exposing the patch’s adhesive to a patient’s viscera. Before the recall, Bowersock underwent hernia repair surgery, involving a Bard patch. Roughly one year later, she died of complications arising from an abdominal-wall abscess. Her estate sued. Unlike defective patches in other injured patients, Bowersock’s patch did not adhere to her bowel or perforate her organs. Plaintiff's expert tried to present a new theory of causation: the patch had “buckled,” forming a stiff edge that rubbed against and imperceptibly perforated her internal organs. The court excluded that testimony, finding the “buckling” theory not sufficiently reliable. The Seventh Circuit affirmed summary judgment for the defense. The novel theory of causation was not peer-reviewed, professionally presented, consistent with Bowersock’s medical records or autopsy, or substantiated by other cases. View "Robinson v. Davol, Inc." on Justia Law

The South Carolina Supreme Court accepted a certified question of South Carolina law from the federal district court, which stemmed from the construction of a home near Mount Pleasant, South Carolina. Mark Lawrence constructed his home using structural insulated panels manufactured by General Panel Corporation. Structural insulated panels (SIPs) are a structural alternative to traditional wood-frame construction. Lawrence claims faulty installation of the General Panel SIPs used in constructing his home allowed water intrusion, which in turn caused the panels to rot, damaging the structural integrity of his home. He brought a claim in federal district court alleging General Panel was liable for providing defective installation instructions to the subcontractor installing the SIPs. General Panel filed a motion for summary judgment, based on a South Carolina statute of repose: 15-3-640. The statute provided "No actions to recover damages based upon or arising out of the defective or unsafe condition of an improvement to real property may be brought more than eight years after substantial completion of the improvement." General Panel's relief depended on the date of "substantial completion." The subcontractor completed the installation of the SIPs in Lawrence's home by March 2007. The home was not finished, however, until over a year later. Charleston County issued a certificate of occupancy on December 10, 2008. Lawrence filed his lawsuit against General Panel on December 8, 2016, more than eight years after installation of the SIPs, but less than eight years after the certificate of occupancy was issued. The federal district court asked whether South Carolina Act 27 of 2005 amended section 15-3- 640 (Supp. 2018) so that the date of "substantial completion of the improvement" is measured from the date of the certificate of occupancy (unless the parties establish a different date by written agreement), thereby superseding the South Carolina Supreme Court's decision in Ocean Winds Corp. of Johns Island v. Lane, 556 S.E.2d 377 (2001). The Supreme Court responded in the negative: the 2005 amendments did not supersede Ocean Winds. View "Lawrence v. General Panel Corp." on Justia Law

Plaintiffs-appellants Jamie and Kelly Etcheson brought an action under the Song-Beverly Consumer Warranty Act (commonly known as the "lemon law") against defendant and respondent FCA US LLC (FCA) after experiencing problems with a vehicle they had purchased new for about $40,000. After admitting the vehicle qualified for repurchase under the Act, FCA made two offers to compromise under Code of Civil Procedure section 998: one in March 2015, to which plaintiffs objected and the trial court found was impermissibly vague, and a second in June 2016, offering to pay plaintiffs $65,000 in exchange for the vehicle's return. Following the second offer, the parties negotiated a settlement in which FCA agreed to pay plaintiffs $76,000 and deem them the prevailing parties for purposes of seeking an award of attorney fees. Plaintiffs moved for an award of $89,445 in lodestar attorney fees with a 1.5 enhancement of $44,722.50 for a total of $134,167.50 in fees, plus $5,059.05 in costs. Finding the hourly rates and amount of counsels' time spent on services on plaintiffs' behalf to be reasonable, the trial court tentatively ruled plaintiffs were entitled to recover $81,745 in attorney fees and $5,059.05 in costs. However, in its final order the court substantially reduced its award, concluding plaintiffs should not have continued to litigate the matter at all after FCA's March 2015 section 998 offer. It found their sought-after attorney fees after the March 2015 offer were not "reasonably incurred," and cut off fees from that point, awarding plaintiffs a total of $2,636.90 in attorney fees and costs. Pointing out their ultimate recovery was double the estimated value of FCA's invalid March 2015 section 998 offer, which they had no duty to counter or accept, plaintiffs contended the trial court abused its discretion by cutting off all attorney fees and costs incurred after that offer. The Court of Appeal agreed and reversed the order and remanded back to the trial court with directions to award plaintiffs reasonable attorney fees for their counsels' services, including those performed after FCA's March 2015 offer, as well as reasonable fees for services in pursuing their motion for fees and costs. View "Etcheson v. FCA US LLC" on Justia Law

The family of Mrs. Francisca Gomez (the Gomezes) appealed a district court decision granting Crookham Company’s (Crookham) motion for summary judgment on all claims relating to Mrs. Gomez’s death. Crookham is a wholesale seed distributor located in Caldwell, Idaho. Mrs. Gomez was an employee of Crookham for more than thirty years before her death. In early 2015, Crookham decided that a new picking table was necessary to sort seeds more efficiently. A Crookham employee fabricated the new table and it was installed in the company’s “Scancore” room in late 2015. Although OSHA had previously cited Crookham for violating machine guard safety standards and lockout-tagout protocol with its former picking tables, the new picking table’s drive shaft was not fully guarded and Crookham did not perform the required lockout-tagout procedures while employees cleaned the table. While working in the Scanscore room, Mrs. Gomez was under the picking table attempting to clean it when the table’s exposed drive shaft caught her hair and pulled her into the machine. She died as a result of her injuries. OSHA subsequently investigated Crookham and issued “serious” violations to the company because it exposed its employees to the unguarded drive shaft without implementing lockout-tagout procedures. The district court held that Mrs. Gomez was working in the scope of her employment at the time of the accident, that all of the Gomezes’ claims were barred by the exclusive remedy rule of Idaho worker’s compensation law, that the exception to the exclusive remedy rule provided by Idaho Code section 72-209(3) did not apply, and that the Gomezes’ product liability claims fail as a matter of law because Crookham is not a “manufacturer.” Finding no reversible error in the district court's judgment, the Idaho Supreme Court affirmed. View "Gomez v. Crookham" on Justia Law

The Modisettes were traveling in their car on Interstate 35W in Denton County, Texas. Wilhelm was also driving on I-35, while using the FaceTime application on his Apple iPhone. Wilhelm crashed into the Modisettes’ car, which had stopped due to police activity. The accident caused severe injuries to each of the Modisettes; Moriah, age five, subsequently died. Police found Wilhelm’s iPhone at the scene with FaceTime still activated. The Modisettes sued, alleging that Apple’s failure to design the iPhone to lock out the ability of drivers to use the FaceTime application while driving resulted in their injuries. The complaint incorporated data that show the compulsive/addictive nature of smartphone use and concerning the number of accidents that involve smartphone use. They alleged that Apple had failed to warn users and that Apple applied for a patent for its lockout technology in 2008, to disable the ability of a handheld computing device to perform certain functions, such as texting, while one is driving. The patent issued in 2014. Apple released Wilhelm’s iPhone 6 model in September 2014; FaceTime was a “factory-installed, non-optional application.” The court of appeal affirmed the dismissal of the action. Apple did not owe the Modisettes a duty of care. The Modisettes cannot establish that Apple’s design of the iPhone constituted a proximate cause of their injuries. View "Modisette v. Apple Inc." on Justia Law

The State appealed a circuit court order that, among other things, dismissed its claims against Volkswagen AG ("VWAG"). The State had filed a complaint claiming VWAG and other defendants, violated the Alabama Environmental Management Act ("the AEMA"), and the Alabama Air Pollution Control Act of 1971 ("the AAPCA") when cars VWAG produced had "defeat devices" installed, designed to alter emissions readings on cars with diesel engines. In other words, the complaint alleged defendants had tampered with the emission-control systems or ordered third parties to tamper with the emission-control systems of vehicles that were licensed and registered in the State of Alabama. Giving its reasons for dismissal, the Supreme Court determined that given the unique factual situation involved in this case, and based on reasoning set by the multi-district litigation court, allowing the State to proceed would "stand as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress." Therefore, the trial court properly granted VWAG's motion to dismiss. View "Alabama v. Volkswagen AG" on Justia Law

A jury awarded plaintiff-appellant Shirlean Warren $17,455.57 in damages pursuant to California's “lemon law.” In this appeal, Warren challenges her attorney fee award and her costs and expenses award. Warren claims the court abused its discretion in applying a 33% negative multiplier to her requested lodestar attorney fees. Warren argues that, by applying the negative multiplier, the court erroneously limited her attorney fee award to a proportion of her $17,455.57 damages award, and thus used a prohibited means of determining reasonable attorney fees. She also claimed she was entitled to recover prejudgment interest on her damages award and that the court erroneously struck the $5,882 expense for trial transcripts from her cost bill. The Court of Appeal concluded Warren did not show she was entitled to prejudgment interest on her jury award as a matter of right. Nor did Warren show the court abused its discretion in refusing to award any prejudgment interest. The Court agreed, however, that Warren was entitled to recover the $5,882 expense that her attorneys incurred for trial transcripts. View "Warren v. Kia Motors America, Inc." on Justia Law

Hartung Commercial Properties, Inc. ("Hartung"), appealed the grant of summary judgment in favor of Buffi's Automotive Equipment and Supply Company, Inc. ("Buffi's Automotive"). Wayne Hartung bought a piece of commercial property that had an auto-body collision, repair, and paint shop ("the body shop") on the premises. Wayne also formed Har-Mar Collisions, Inc. ("Har-Mar") to operate the body shop. Hartung subsequently entered into a lease with Har-Mar pursuant to which Har-Mar leased the body shop. Wayne had a custom-built paint booth installed in the body shop and hired Buffi's Automotive to make the paint booth operational once it was installed. On January 24, 2011, the body shop was completely destroyed by a fire. On July 8, 2011, Hartung sued Har-Mar, Buffi's Automotive, and several fictitiously named defendants in the circuit court asserting claims of negligence and wantonness related to their alleged roles in causing the fire that destroyed the body shop. Buffi's Automotive alleged that, sometime after the fire destroyed the body shop, Hartung ordered what remained of the body shop and all the equipment inside it to be demolished. Buffi's Automotive argued that Hartung allowed the body shop to be demolished even though it believed at that time that Buffi's Automotive had caused the fire; that Buffi's Automotive "was named as a defendant only after the evidence was destroyed"; and that Buffi's Automotive "should have been placed on notice of the claim and allowed to inspect the premises with its own experts prior to destruction of the evidence." The Alabama Supreme Court determined the circuit court could not properly conclude that the sanction of dismissal, as opposed to some lesser sanction, was mandated in the present case. “[B]ased on the record before us at this time, we are simply not convinced that Buffi's Automotive met its burden in this case.” Accordingly, summary judgment was reversed. View "Hartung Commercial Properties, Inc. v. Buffi's Automotive Equipment and Supply Company, Inc." on Justia Law

Smith was killed while driving a 2013 Jeep Wrangler, manufactured by Chrysler. Days after the crash, Chrysler sent out a Recall Notice: the transmission oil cooler (TOC) tube of some 2012 and 2013 Wranglers might leak, which could cause a fire in the underbody of the vehicle. Smith’s Jeep was never inspected for the defect before his accident and the wrecked Jeep was not preserved for a post-accident inspection. Days after the crash, the scene of the accident was photographed, showing what appears to be charred grass along the path Smith’s Jeep traveled after leaving the road. Smith’s family sued, asserting strict products liability, negligence, breach of warranty, and violations of the Texas Deceptive Trade Practices Act, claiming that the recall defect caused a fire in the Jeep's underbody, filling the passenger compartment with carbon monoxide, so that Smith lost consciousness and ran off the road. The Fifth Circuit affirmed summary judgment in favor of Chrysler. The court properly excluded a supplemental report by plaintiff’s expert, which failed adequately to connect newly disclosed information and conclusions that Smith’s Jeep had a defect and that the alleged defect caused a fire. Even if there was a defect, there was no evidence that it caused a fire in Smith’s Jeep or that the fire caused the crash. The court upheld an award of costs to Chrysler, despite plaintiffs’ “impoverished condition.” View "Smith v. Chrysler Group, L.L.C." on Justia Law